Senate Bill No. 1060

Introduced by Senator Leno

February 16, 2016

An act to amend Sections 366.29 and 727.3 of the Welfare and Institutions Code, relating to adoption.

LEGISLATIVE COUNSEL’S DIGEST

SB 1060, as introduced, Leno. Postadoption contact: siblings of dependent children.

Existing law authorizes a juvenile court, under certain conditions, to terminate the rights of a parent or parents of a child and order that the child be placed for adoption, if the child is adjudged a dependent child of the court based on a finding that the child has suffered, or there is a substantial risk that the child will suffer, specified harm or abuse. Existing law provides for the creation of a child and family team, which may include family members, certain professionals, or other individuals, who are convened by the county placing agency to provide input regarding the placement of and services to a dependent child, as part of his or her case plan within child welfare services. Existing law authorizes the court, in an adoption proceeding for the dependent child, with the consent of the prospective adoptive parent or parents of the child, to include in the final adoption order provisions for the adoptive parent or parents to facilitate postadoptive contact between the child and his or her sibling, as specified.

This bill would require a court, in an adoption proceeding for a dependent child, to order the convening of a child and family team meeting, attended by at least a facilitator, the siblings or their respective caregivers, as specified, and the prospective adoptive parent or parents. The bill would require the participants of the meeting to decide whether to voluntarily enter into a postadoptive sibling contact agreement, as specified, before the adoption is finalized. By requiring new duties of local county officials, this bill would impose a state-mandated local program.

Existing law requires a juvenile court, in the case of a minor declared a ward and ordered to be placed in foster care, and where the minor has continuing involvement with his or her parents or legal guardians, to include in its order placing the minor in a permanent placement a specification of the nature and frequency of visiting arrangements with the parents or legal guardians.

This bill would expand this provision to also apply to visiting arrangements with siblings of the minor.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 366.29 of the Welfare and Institutions
Code is amended to read:

366.29.  

(a) When a court, pursuant to Section 366.26, orders
that a dependent child be placed for adoption, nothing in the
adoption laws of this state shall be construed to prevent the
prospective adoptive parent or parents of the child from expressing
a willingness to facilitate postadoptive sibling contact. With the
consent of the adoptive parent or parents, the court may include
in the final adoption order provisions for the adoptive parent or
parents to facilitate postadoptive sibling contact. In no event shall
the continuing validity of the adoption be contingent upon the
postadoptive contact, nor shall the ability of the adoptive parent
or parents and the child to change residence within or outside the
state be impaired by the order for contact.

begin insert

(b) The court shall order the convening of a meeting of a child
and family team, as defined in subdivision (a) of Section 16501,
regarding postadoptive contact with the siblings of the child,
including, but not limited to, siblings under the court’s jurisdiction.
A sibling 12 years of age or older may represent himself or herself
at the meeting. A sibling under 12 years of age shall be represented
by his or her caregiver. The meeting shall be attended by at least
a facilitator, the siblings or their respective caregivers on the basis
of age, and the prospective adoptive parent or parents. The
participants of the meeting shall decide whether to voluntarily
enter into a postadoptive sibling contact agreement, pursuant to
this section and Section 8616.5 of the Family Code, before the
adoption is finalized.

end insert begin delete

(b)

end delete

begin insert (c) end insert  If, following entry of an order for sibling contact pursuant
to subdivision (a), it is determined by the adoptive parent or parents
that sibling contact poses a threat to the health, safety, or well-being
of the adopted child, the adoptive parent or parents may terminate
the sibling contact, provided that the adoptive parent or parents
shall submit written notification to the court within 10 days after
terminating the contact, which notification shall specify to the
court the reasons why the health, safety, or well-being of the
adopted child would be threatened by continued sibling contact.

begin delete

(c)

end delete

begin insert (d) end insert  Upon the granting of the adoption petition and the issuing
of the order of adoption of a child who is a dependent of the
juvenile court, the jurisdiction of the juvenile court with respect
to the dependency proceedings of that child shall be terminated.
Nonetheless, the court granting the petition of adoption shall
maintain jurisdiction over the child for enforcement of the
postadoption contact agreement. The court may only order
compliance with the postadoption contact agreement upon a finding
of both of the following:

(1) The party seeking the enforcement participated, in good
faith, in mediation or other appropriate alternative dispute
resolution proceedings regarding the conflict, prior to the filing of
the enforcement action.

(2) The enforcement is in the best interest of the child.

SEC. 2.  

Section 727.3 of the Welfare and Institutions Code is
amended to read:

727.3.  

The purpose of this section is to provide a means to
monitor the safety and well-being of every minor in foster care
who has been declared a ward of the juvenile court pursuant to
Section 601 or 602 and to ensure that everything reasonably
possible is done to facilitate the safe and early return of the minor
to his or her own home or to establish an alternative permanent
plan for the minor.

(a) (1) For every minor declared a ward and ordered to be
placed in foster care, a permanency planning hearing shall be
conducted within 12 months of the date the minor entered foster
care, as defined in paragraph (4) of subdivision (d) of Section
727.4. Subsequent permanency planning hearings shall be
conducted periodically, but no less frequently than once every 12
months thereafter during the period of placement. It shall be the
duty of the probation officer to prepare a written social study report
including an updated case plan and a recommendation for a
permanent plan, pursuant to subdivision (c) of Section 706.5, and
submit the report to the court prior to each permanency planning
hearing, pursuant to subdivision (b) of Section 727.4.

(2) Prior to any permanency planning hearing involving a minor
in the physical custody of a community care facility or foster family
agency, the facility or agency may file with the court a report
containing its recommendations, in addition to the probation
officer’s social study. Prior to any permanency planning hearing
involving the physical custody of a foster parent, relative caregiver,
preadoptive parent, or legal guardian, that person may present to
the court a report containing his or her recommendations. The
court shall consider all reports and recommendations filed pursuant
to this subdivision.

(3) If the minor has a continuing involvement with his or her
parents or legal guardians, the parents or legal guardians shall be
involved in the planning for a permanent placement. The court
order placing the minor in a permanent placement shall include a
specification of the nature and frequency of visiting arrangements
with the begin delete parents or legal guardians. end delete begin insert parents, legal guardians, or
siblings. end insert

(4) At each permanency planning hearing, the court shall order
a permanent plan for the minor, as described in subdivision (b).
The court shall also make findings, as described in subdivision (e)
of Section 727.2. In the case of a minor who has reached 16 years
of age or older, the court shall, in addition, determine the services
needed to assist the minor to make the transition from foster care
to successful adulthood. The court shall make all of these
determinations on a case-by-case basis and make reference to the
probation officer’s report, the case plan, or other evidence relied
upon in making its decisions.

(5) When the minor is 16 years of age or older, and is in another
planned permanent living arrangement, the court, at each
permanency planning hearing, shall do all of the following:

(A) Ask the minor about his or her desired permanency outcome.

(B) Make a judicial determination explaining why, as of the
hearing date, another planned permanent living arrangement is the
best permanency plan for the minor.

(C) State for the record the compelling reason or reasons why
it continues not to be in the best interest of the minor to return
home, be placed for adoption, be placed with a legal guardian, or
be placed with a fit and willing relative.

(b) At all permanency planning hearings, the court shall
determine the permanent plan for the minor. The court shall order
one of the following permanent plans, which are, in order of
priority:

(1) Return of the minor to the physical custody of the parent or
legal guardian. After considering the admissible and relevant
evidence, the court shall order the return of the minor to the
physical custody of his or her parent or legal guardian unless:

(A) Reunification services were not offered, pursuant to
subdivision (b) of Section 727.2.

(B) The court finds, by a preponderance of the evidence, that
the return of the minor to his or her parent or legal guardian would
create a substantial risk of detriment to the safety, protection, or
physical or emotional well-being of the minor. The probation
department shall have the burden of establishing that detriment.
In making its determination, the court shall review and consider
the social study report and recommendations pursuant to Section
706.5, the report and recommendations of any child advocate
appointed for the minor in the case, and any other reports submitted
pursuant to paragraph (2) of subdivision (a), and shall consider
the efforts or progress, or both, demonstrated by the minor and
family and the extent to which the minor availed himself or herself
of the services provided.

(2) Order that the permanent plan for the minor will be to return
the minor to the physical custody of the parent or legal guardian,
order further reunification services to be provided to the minor
and his or her parent or legal guardian for a period not to exceed
six months and continue the case for up to six months for a
subsequent permanency planning hearing, provided that the
subsequent hearing shall occur within 18 months of the date the
minor was originally taken from the physical custody of his or her
parent or legal guardian. The court shall continue the case only if
it finds that there is a substantial probability that the minor will be
returned to the physical custody of his or her parent or legal
guardian and safely maintained in the home within the extended
period of time or that reasonable services have not been provided
to the parent or guardian. For purposes of this section, in order to
find that there is a substantial probability that the minor will be
returned to the physical custody of his or her parent or legal
guardian, the court shall be required to find that the minor and his
or her parent or legal guardian have demonstrated the capacity and
ability to complete the objectives of the case plan.

The court shall inform the parent or legal guardian that if the
minor cannot be returned home by the next permanency planning
hearing, a proceeding pursuant to Section 727.31 may be initiated.

The court shall not continue the case for further reunification
services if it has been 18 months or more since the date the minor
was originally taken from the physical custody of his or her parent
or legal guardian.

(3) Identify adoption as the permanent plan and order that a
hearing be held within 120 days, pursuant to the procedures
described in Section 727.31. The court shall only set a hearing
pursuant to Section 727.31 if there is clear and convincing evidence
that reasonable services have been provided or offered to the
parents. When the court sets a hearing pursuant to Section 727.31,
it shall order that an adoption assessment report be prepared,
pursuant to subdivision (b) of Section 727.31.

(4) Order a legal guardianship, pursuant to procedures described
in subdivisions (c) to (f), inclusive, of Section 728.

(5) Place the minor with a fit and willing relative. “Placement
with a fit and willing relative” means placing the minor with an
appropriate approved relative who is willing to provide a permanent
and stable home for the minor, but is unable or unwilling to become
the legal guardian. When a minor is placed with a fit and willing
relative, the court may authorize the relative to provide the same
legal consent for the minor’s medical, surgical, and dental care,
and education as the custodial parent of the minor.

(6) (A) If he or she is 16 years of age or older, place the minor
in another planned permanent living arrangement. For purposes
of this section, “planned permanent living arrangement” means
any permanent living arrangement described in Section 11402 that
is ordered by the court for a minor 16 years of age or older when
there is a compelling reason or reasons to determine that it is not
in the best interest of the minor to have any permanent plan listed
in paragraphs (1) to (5), inclusive. These plans include, but are not
limited to, placement in a specific, identified foster family home,
program, or facility on a permanent basis, or placement in a
transitional housing placement facility. When the court places a
minor in a planned permanent living arrangement, the court shall
specify the goal of the placement, which may include, but shall
not be limited to, return home, emancipation, guardianship, or
permanent placement with a relative.

The court shall only order that the minor remain in a planned
permanent living arrangement if the court finds by clear and
convincing evidence, based upon the evidence already presented
to it that there is a compelling reason, as defined in subdivision
(c), for determining that a plan of termination of parental rights
and adoption is not in the best interest of the minor.

(B) If the minor is under 16 years of age and the court finds by
clear and convincing evidence, based upon the evidence already
presented to it, that there is a compelling reason, as defined in
subdivision (c), for determining that a plan of termination of
parental rights and adoption is not in the best interest of the minor
as of the hearing date, the court shall order the minor to remain in
a foster care placement with a permanent plan of return home,
adoption, legal guardianship, or placement with a fit and willing
relative, as appropriate. The court shall make factual findings
identifying any barriers to achieving the permanent plan as of the
hearing date.

(c) A compelling reason for determining that a plan of
termination of parental rights and adoption is not in the best interest
of the minor is any of the following:

(1) Documentation by the probation department that adoption
is not in the best interest of the minor and is not an appropriate
permanency goal. That documentation may include, but is not
limited to, documentation that:

(A) The minor is 12 years of age or older and objects to
termination of parental rights.

(B) The minor is 17 years of age or older and specifically
requests that transition to independent living with the identification
of a caring adult to serve as a lifelong connection be established
as his or her permanent plan. On and after January 1, 2012, this
includes a minor who requests that his or her transitional
independent living case plan include modification of his or her
jurisdiction to that of dependency jurisdiction pursuant to
subdivision (b) of Section 607.2 or subdivision (i) of Section 727.2,
or to that of transition jurisdiction pursuant to Section 450, in order
to be eligible as a nonminor dependent for the extended benefits
pursuant to Section 11403.

(C) The parent or guardian and the minor have a significant
bond, but the parent or guardian is unable to care for the minor
because of an emotional or physical disability, and the minor’s
caregiver has committed to raising the minor to the age of majority
and facilitating visitation with the disabled parent or guardian.

(D) The minor agrees to continued placement in a residential
treatment facility that provides services specifically designed to
address the minor’s treatment needs, and the minor’s needs could
not be served by a less restrictive placement.

The probation department’s recommendation that adoption is
not in the best interest of the minor shall be based on the present
family circumstances of the minor and shall not preclude a different
recommendation at a later date if the minor’s family circumstances
change.

(2) Documentation by the probation department that no grounds
exist to file for termination of parental rights.

(3) Documentation by the probation department that the minor
is an unaccompanied refugee minor, or there are international legal
obligations or foreign policy reasons that would preclude
terminating parental rights.

(4) A finding by the court that the probation department was
required to make reasonable efforts to reunify the minor with the
family pursuant to subdivision (a) of Section 727.2, and did not
make those efforts.

(5) Documentation by the probation department that the minor
is living with a relative who is unable or unwilling to adopt the
minor because of exceptional circumstances that do not include
an unwillingness to accept legal or financial responsibility for the
minor, but who is willing and capable of providing the minor with
a stable and permanent home environment, and the removal of the
minor from the physical custody of his or her relative would be
detrimental to the minor’s emotional well-being.

(d) Nothing in this section shall be construed to limit the ability
of a parent to voluntarily relinquish his or her child to the State
Department of Social Services when it is acting as an adoption
agency or to a county adoption agency at any time while the minor
is a ward of the juvenile court if the department or county adoption
agency is willing to accept the relinquishment.

(e) Any change in the permanent plan of a minor placed with a
fit and willing relative or in a planned permanent living
arrangement shall be made only by order of the court pursuant to
a Section 778 petition or at a regularly scheduled and noticed status
review hearing or permanency planning hearing. Any change in
the permanent plan of a minor placed in a guardianship shall be
made only by order of the court pursuant to a motion filed in
accordance with Section 728.

SEC. 3.  

To the extent that this act has an overall effect of
increasing the costs already borne by a local agency for programs
or levels of service mandated by the 2011 Realignment Legislation
within the meaning of Section 36 of Article XIII of the California
Constitution, it shall apply to local agencies only to the extent that
the state provides annual funding for the cost increase. Any new
program or higher level of service provided by a local agency
pursuant to this act above the level for which funding has been
provided shall not require a subvention of funds by the state nor
otherwise be subject to Section 6 of Article XIII B of the California
Constitution.